If my sonwas forced to move out of hisrental due to an assault by his roommate, is his roommate libale for moving expenses?

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If my sonwas forced to move out of hisrental due to an assault by his roommate, is his roommate libale for moving expenses?

My son leased an apartment with his roommate. His roommate started an arguement. The roommate pulled out a knife on my son. The police were dispatched to the apartment but the officer did not cite the roommate. Why, I don’t know. My son does have a report of the call and description of scene made with the police department. My son has filed an assault charge. I feared for my son’s life, therefore, I told him and the landlord that he could no longer live with that roommate. If a 1 bedroom apartment was available, I wanted him out of the old apartment. The lady told me that if the roommate wanted to stay, my son would not be able to move because he could not have 2 leases in his name. I had no choice but to terminate the lease. He spent that night at 1 of the other tenant’s apartment in that complex. The roommate did not meet his half of the financial obligations nor did he have to pay any fees associated with the termination of lease/or being required to move. The landlord gave him 3 days to move his stuff. I had to spend a around $2,000 ($635 – 1 months rent for the old apartment, another $635 early termination fee for the old apartment, $150 transfer fee, and $535 1st month’s rent for the new apartment.) This does not include utilities and cable which are due. My son missed 1 day of work to move. Can he collect money paid in small claims court?” Can he collect for loss wages and court cost? Is it worth filing an assault charge?

Asked on December 7, 2010 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is your son over 18? Did you co-sign the lease?  I can understand your fear for your child and in orchestrating his safety, but if he is an adult then you have to start thinking things through in that perspective.  Now, was the termination of the lease lawful (i.e., permitted under law or the lease itself and did the landlord give the ok to terminate without having recourse for payment)?   You indicate that you paid these fees but you wish your son to sue in small claims court to recoup them.  How are you going to achieve this nexus and ability to recoup the funds?  I think that you need to speak with an attorney in your area to discuss this matter in detail and see what is what.  Good luck. 


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